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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> The City may pursue any and all contractual, legal and equitable remedies for <br /> such breach or default. Absent an express written agreement to the contrary, a <br /> termination for the City's convenience shall not be deemed a waiver or release of <br /> any rights by the City nor shall the City be estopped from any legal or equitable <br /> remedies that may be appropriate. <br /> Supplement 1-08.10 by adding the following: <br /> 1-08.10(6) Termination by Contractor after Suspension <br /> If the Work has been wholly suspended pursuant to 1-08.6 SUSPENSION OF WORK <br /> for more than ninety (.90) calendar days as i i ea.ur ed from i i ti ie date of the Notice to <br /> suspend, then the Contractor may terminate this Contract by providing City with <br /> fourteen (14) calendar days' Notice that the Contractor shall deem the Contract to be <br /> terminated if the City does not provide Contractor with notice to resume Work within <br /> those fourteen (14) calendar days. Such termination shall be treated as a termination <br /> for the City's convenience pursuant to 1-08.10(2) TERMINATION FOR PUBLIC <br /> CONVENIENCE. <br /> 1-08.10(7) Contractor Obligations upon Termination <br /> (******) <br /> On receipt of notice of termination, the Contractor shall immediately discontinue the <br /> Work but shall do such Extra Work as may be ordered by the City's Representative or <br /> City to safeguard the Work then completed and the materials and Equipment then <br /> delivered to the site of the Work and to leave the Work in a safe and useful condition. <br /> Payment for this Extra Work will be made in accordance with 1-09.4 EQUITABLE <br /> ADJUSTMENT. <br /> 1-08.10(8) Ownership of Materials upon Termination <br /> As of the termination date, whether effected by the City or Contractor as provided <br /> herein, all the Contractor's right, title, and interest in and to materials ordered by the <br /> Contractor prior to termination. whether or not they have been delivered to the site of <br /> Work, shall be vested in the City, and the Contractor shall, upon demand of the City, <br /> execute and deliver to the City all requisite bills of sale, assignments, and other <br /> documents of transfer that may be necessary to give effect to the intention of the <br /> termination procedures set forth above. <br /> 1-08.10(9) Opportunity to Cure <br /> (******) <br /> If the Contractor has not already had an opportunity to cure the default or breach the <br /> City shall specify the default or breach and a reasonable period of time to allow the <br /> Contractor to cure the default or breach. The Notice of termination will state the time <br /> period in which cure is permitted and other conditions as the City, in its sole judgment, <br /> shall deem appropriate. If Contractor fails to remedy the breach or default or any of <br /> the terms, covenants, or conditions of this Contract to the City's satisfaction within the <br /> time period specified or the City shall have the right to terminate the Contract without <br /> any further obligation to the Contractor. Any such termination for default shall not in <br /> any way operate to preclude the City from also pursuing all available remedies against <br /> Contractor and its sureties for said breach or default. <br /> I <br /> Water Main Replacement"Q" Division 1 —GENERAL CONDITIONS July 8, 2016 <br /> -Broadway <br /> WO No.—UP3612 SP-101 <br /> I <br />